Superior Court 7/7/08 - FORD MOTOR COMPANY AND KEYSER & MILLER FORD, INC. v. ROBYN BUSEMAN

FORD MOTOR COMPANY AND KEYSER & MILLER FORD, INC. v. ROBYN BUSEMAN
No. 807 EDA 2007 2008 PA Super 146 Atlantic: n/a Filed: 7/7/2008
Appeal from the Order dated December 4, 2006 In the Court of Common Pleas of Philadelphia County Civil at No(s): June Term, 2005, No. 2272
Before: STEVENS, KLEIN, and POPOVICH, JJ.
Opinion by: STEVENS, J.
This is an appeal from the December 4, 2006 order entered in the Court of Common Pleas of Philadelphia County denying Ford Motor Company and Keyser & Miller Ford, Inc.’s (collectively Appellants) motion for summary judgment. We reverse the order denying Appellants’ motion for summary judgment, and we enter summary judgment in favor of Appellants.


Appellants contend that the releases, which were signed by Appellee in
the federal lawsuit, bar the present lawsuit, and, therefore, summary
judgment should have been granted in favor of Appellants. Specifically,
Appellants contend that (1) the language of the releases is unambiguous and
clearly releases Appellants, (2) there is no evidence of fraud, accident, or
mutual mistake, and (3) Appellee’s unilateral claim of mistake and/or that
she did not intend to release Appellants when she signed the releases is not
a viable defense to the entry of summary judgment.

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